New Oklahoma Sovereignty Resolution

In response to Governor Henry’s veto of House Joint Resolution 1003, Oklahoma State Rep.Â Charles Key has reintroduced the resolution as House Concurrent Resolution 1028.Â Passage in both the House and Senate on a concurrent resolution will not require signature from the governor.

Introduced on April 29, 2009, HCR1028 is “A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.” (h/t AxXiom for Liberty)

Read the full text below:

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”; and

WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, the Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, Article IV, Section 4 says, â€œThe United States shall guarantee to every State in this Union a Republican Form of Governmentâ€, and the Ninth Amendment states that â€The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the peopleâ€; and

WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:

THAT the State of Oklahoma hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.

THAT this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.

THAT all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.

THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state’s legislature of the United States of America, and each member of the Oklahoma Congressional Delegation.

22 thoughts on “New Oklahoma Sovereignty Resolution”

The problem with pushing 10th A. protected state sovereignty is the following, in my opinion. Not only have the people forgotten that the Founders made the 10th A. to reserve the lion’s share of government power to serve the people to the states, not the Oval Office and Congress, but the people have been voting “leaders” into the federal and state governments who are as constitutionally ignorant as they are.

And the consequence of widespread ignorance of state sovereignty among our federal and state government leaders is the following. In sharp contrast to the fact that the Founding States established the federal government and made the federal Constitution to limit its powers, state government leaders are now bowing down to the Constitution-ignoring federal government, failing to protect citizens from constitutionally unauthorized federal taxes and spending.

Indeed, if state government leaders really knew the Constitution and its history, then they would know that Chief Justice Marshall had established the following case precedent which appropriately limits the power of the feds to lay taxes.

So while many of our state “leaders” are eager to receive their share of Obama’s constitutionally unauthorized stimulus package, they are oblivious to the constitutional reality that the feds are funding the stimulus package with constitutionally unauthorized federal taxes, funds that should never have left the states anyway.

The bottom line is that the people need to wise up to the federal government’s ongoing, illegal usurping of state powers and do the following. The people need to encourage state lawmakers to go “upstream” of the renegade Congress and repeal the 16th A., the amendment that gives the feds the power to tax citizens directly. The problem with that amendment is that it has made it too easy for the corrupt feds to lay constitutionally unauthorized taxes, in my opinion.

And once the 16th A. has been repealed and the federal income tax eliminated, the state governments can finance the feds via higher state taxes. The reason for this is as follows. Given the greater constitutional power of the states to serve the people, the states can fight a downhill battle with the feds, eliminating constitutionally unauthorized federal taxes while keeping as many tax dollars in a given state as possible. (Did you hear that California?)

And those state lawmakers who show their voters that they think that the federal government’s welfare is more important than that of their own state can find a new job.

This is fantastic news! I am extremely proud of Rep. Key and the OK Legislature. Sure, they have their faults — but on this issue, I am with them wholeheartedly. Gov. Brad Henry’s veto was reprehensible, since BOTH CHAMBERS passed HJR-1003. He interfered with the natural progression of the Resolution and gave the finger to the Legislature, in effect saying “screw you” to the people of his own state.

Even if Washington cuts off federal funding — and make no mistake, that would make things hard as hell for a while on the people living here — we would find a way to get around it. If worse came to worst, we can do anything and everything we need to do, OURSELVES.

What a message we would send to the federal government if more states would introduce (and I pray, pass) these kinds of resolutions! Our puppet president and legislators might finally have to consider serving the people of the nation, rather than the corporations and the (non-)Federal Reserve; yet if the federal government continued on its current course regardless, such resolutions could help protect we the people from what is an increasingly estranged, oligarchical government.

If the threat of discontinued federal funds is all they have to hold over us (which would virtually be the case if our state and local law enforcement stopped allowing themselves to be used as an arm of federal tyranny), let them take that; what is a federal funded school or health care or other system compared to your right to choose how you raise and educate your children, what medical professional you see and what medical or nutritional treatment your body is subjected to (etc, etc)?

Give me liberty or give me death is a chillingly apropos notion these days, as I worry my local organic farmer will be forced by the “food safety” bills to spray or irradiate for pest “contamination”, as talk increases of NAIS being mandated and applied in such a way that it slowly drives the small and free-range ranchers (and the 4H groups) out of business, and rumors of a civilian security force bring to mind the “Big Brother is watching” nightmare of Fascist and Socialist regimes; meanwhile the Patriot Act (which in spite of campaign promises was renewed and in spite of the claims of amendment continues to withhold necessary protections from the individual citizen) hangs over the head of those who consider a little civil disobedience. It is imperative in this time of seriously diminished personal liberty that the states act to maintain their sovereignty and in doing so support the freedoms of their residents.

As I send the text of this Oklahoma resolution with my recommendation as a voter to my state legislators, I also send kudos and blessings to the states currently working to remind the federal government that it has overstepped its Constitutional boundaries, to those legislators at all levels who haven’t sold their votes, and to the champions of liberty everywhere.

Sorry, numbskulls. This bill is ridiculous for too many reasons to go into, but suffice it to say no one who has studied constitutional law would agree with the veracity of most of the “whereas” statements. PLEASE teach constitutional law – but have it taught by people who know who to interpret and apply constitutional law, not yahoos who simply know how to read its text.

Most importantly, the issue of federal supremecy and state sovreignty was settled by the Civil War, you know, the war the Republican Party led to SAVE the Union. My how things have changed.

BTW, I don’t recall seeing any provisions for disaster relief in the Constitution…I hope that Oklahoma will refuse any FEMA aid during the upcoming tornado season.

The last time I looked, it was United States of America, not united politicians of America…… As a numbskull, I have personally seen what happens when we rely on someone’s interpretations instead of the actual text. Hmmmmm does anyone remember Jim Jones? or any other crazy religious fanatic that takes actual text and spins their own interpretation to fit their desires? Apparrently there is a huge group of them and most of them live on either coast, hence the blue border on election night.

FYI … please refer to the “Brushaber Decision” by the Supreme Court … the 16th Amendment did not authorize direct taxation, quite to the contrary, the court re-iterated and clarified that no new powers of taxation were given and that a direct tax is unconstitutional …

Jim Jones is one of many great examples of what always happens to a society whenever immoral perverts are promoted to be the “leaders” of everyone else…
And you wonder WHY we the people are “up in arms”? It’s about our posterity. How do you modern decadent elite types define this word?

The Constitution defines “treason” as working against our posterity’s interests. Thus we consider all those listed on our database as guilty of promoting homosexuality to our children, to be Un-American traitors, with a black mark over their heads.

If we begin to break up the United States and separate them into individual states we are headed for disaster. Doesn’t this separation go against some of what this country was founded upon? If we were not smart enough to vote in, competent, well qualified leaders on a national level. What makes anyone think that it would improve in a sovereign state? So when the ignorant and incompetent, vote in such, and your “sovereign state” is broke, who will bail them out? Yes the good old honest American tax payer. I feel that if we split, we are opening up ourselves for pre destined disaster. Here again, when the ignorant, and incompetent vote in the same, what’s to say we don’t end up with oppression, discrimination, misappropriation, etc. This will make the third time in this post that I have used these words, however they describe that which is destroying this great country; When ignorant, slow witted, incompetent, ill informed citizens, vote in the same, to run this country, we are doomed. The answer is not to say, “I’ll take my toys over here to this “sovereign State” and do as I damn well please, and hide my head in the sand. If you run from a problem, it will find you, problems don’t go away, they are solved. So rather than hiding by creating a country within a country, fix the damn problem, put competent citizens in office and educate the “idiots” that voted the Idiots” in office. Get rid of 65% of the attorneys filing frivolous law suits, regulate the ACLU, hold the leaders of this great country responsible for the programs they institute, such as Affirmative Action. I guess, just hold people accountable for their own actions.

If you look back at history, you will find this country was founded on Christianity, “period! The forefathers prayed to God, no other; the kids in our schools learned Reading and Writing from the Bible; our greatest landmarks, have carvings of biblical characters, of biblical scenes; our kids learned music and how to sing from Christian song books. Freedom of religion was never to be a part of this country, freedom to practice Christianity was; as God was the only spiritual leader that was petitioned for guidance by our greatest and most prominent political figures this country was ever blessed with. These God fearing, law abiding, honest conservative men which ran this country are probably a thing of the past, men like this will most assuredly never be seen again. If you find him, he will not win an election, as we are more concerned for money, economic growth, fighting amongst ourselves about who we can and cannot stop at the airport, and who and what part of our society statistically fitâ€™s the bill for other crimes. Statistics is a very important, and proven tool in making sound judgments. When used properly it can effect so many aspects of lifeâ€™s decisions and how we govern the people. It is used to fight wars, it can stimulate world economy, as well as, decimate the worldâ€™s economy. It allows for prosecutors and law enforcement to make well educated decisions in carrying out justice and enforcing laws. However, the conservatives want to use it to lock up anyone and everyone they see fit in the guise of protection and safety. However, liberals say you canâ€™t profile anyone based on gender, sex, race, ethnicity, “oh, and one of the most recent, sexual preferences. Letâ€™s get it straight, once in for all, letâ€™s analyze the two words, statistical facts is not profiling, itâ€™s just that, fact. If you go out in search of consumer information about goods and services, you target the people most likely to utilize the product you are offering. This should make it simple enough even for the most illiterate, ignorant, box of rocks dumb, individual who recognizes himself as a citizen of this great country. You donâ€™t go to the all menâ€™s rugby tryouts to obtain information concerning a product designed for feminine itch. You know we have far more educated leaders in this country, men and women who I could never come close to filling their shoes when it comes to paper documents testifying to their intelligence. Ethics on the other hand, you canâ€™t teach it, and some of our most prominent leaders recently have twisted and distorted the truth so much as one person put it, I donâ€™t know how you can find your way to the parking lot. Most of the issues I have spoken of so far are regulated by the Bible, laws such as, donâ€™t steal, donâ€™t rape, donâ€™t murder, people thatâ€™s where it all began. Even the things we try to instill in our children such as, tell the truth, politeness, respect, etc. some adults attempt to master it once their grown, as they were not instructed to do so as children. Some of our so called greatest, are the most dishonest, and disrespectful to intelligence of the American People, rude, hateful, spiteful people. People that should not be running a bank of out houses for the local carnival. They were put into office by the American voter, entrusted to make good sound decisions concerning the welfare and safety.

You know the country without a hero, a leader, is destined to crumble, as you lose respect for mortal man there is nothing left. I recommend that the country, especially our government turn to the same person our most prominent and respected forefathers looked to for advice and guidance. The one who is perfect and never does anything to harm, no, not one of us. Who will always give good advice, it may not get us rich, but we wonâ€™t starve either. Many donâ€™t care these days, they will pray to anything, Iâ€™m not even going to try and name them. They pray to rocks, chicken bones, you name it. Never did a chicken bone the devil or any other entity save itâ€™s people, or lay the ground work for a strong moral society and teach them how to survive peaceably amongst one another. Thatâ€™s right, no one but the Almighty Himself, GOD, known only by that one name. When you take God and substitute Him with anyone else, failure will soon follow. God put forth the Gospel that regulates every facet of our lives. It is conservative, it doesn’t allow for prostitution, devil worship, suicide bombers, incestuous relationships; sex outside of marriage, sex with anyone possessing the same reproductive organ, sex with animals.

So, as I see it, there are two reasons to separate;

one: either you want to be so unbelievably liberal, an anything goes, have it your own way society, that it would be so unfit for human occupancy; filth, same sex marriages, molestation of humans, as well as animals, things that would cause disgust in the hearts of any good and moral person, and get this, our kids will be forced to endure these circumstances.

two: on the other hand, you have some over conservative preacher types and power mongers who force their opinions on society and try to control, based on personal preferences, easily confused with illustrations of, socialism, and communism. Should this country be conservative? You better believe it, laws are conservative, conservative societies prosper and have much safer neighborhoods, government officials are honest hardworking individuals that look out for what is best for the country. We don’t need new laws, we need to enforce the ones we already have. The justice system protects the child molesters, the murderers, the rapists, the thieves, the dealers which feed our citizens and kids poison. These people are nothing more than bottom feeders, scavengers of the earth; Capitalizing on the destruction of the lives of one of our greatest gifts, graciously provided by the Almighty God.

It’s sad, but what we need is more prisons. However, we need to come up with something that will help stop the cycle of generations marching up prison steps everywhere, leaving families broken, children without parents, a burden on society, on both sides of the prison walls. Irreparable damage to the poor children that see their parents snatched from their homes, killed, raped, multiple sex partners you name it. These living conditions will only spawn bad kids that will continue to follow that cycle of crime. Do you really think hiding your head in the sand, separating from your fellow countrymen, allowing an anything goes, have it your own way society is the answer? I really believe that if you give it just a little thought, you will reconsider. You will conclude that, we need to fix the problem, not run from the problem. This country was in fact separated many years ago, they destroyed indigenous peoples of this country, enslaved the innocent and free, and put brother against brother and father against son, is this what we truly want? I will say it one more time before I close; Fix the problem, do not run from it, educate the voters, together we are strong, separated we are weak. The afore mentioned are solutions, not excuses and not avenues to promote ways in which to duck responsibility. Stand up, and stand together to fight the incompetence, and immorality of our leaders; if we do this, we can rebuild this great nation. We can regenerate and promote a positive society that can grow and prosper as the fore fathers once dreamed and laid the ground work for. A country that free men and women have sacrificed their lives for. It is with much discernment, and painfully heartbreaking to know that mothers and fathers have lost their sons and daughters in a smoke screen of lies fed to us by some of our immoral, untruthful, deceitful, promiscuous, and I must say it again, lying leaders.

Lying, falsifying, and deceit should be a punishable offense for the leaders of this great country. If they are found in violation, they should be removed from office and all benefits stripped from them forced to live with the label of making a mockery of the office they were entrusted. Lying to the very people that entrusted you to make wise honest decisions should be considered treasonous; jail terms, coupled with an exuberant level of community service should only be a small part of the punishment.

I’m already packing and getting ready to move to Oklahoma and this recent legislation makes me proud to soon be from the Sooner state. Politicians who support this line of thinking will quickly hear from me and I will be supportive of them.